Shutterfly LLC and Shutterfly Lifetouch LLC won their bid to dismiss proposed class claims over allegedly unsolicited school photographs sent as part of Lifetouch’s “Family Approval Program,” after the U.S. District Court for the Northern District of California said the plaintiffs failed to distinguish the conduct of the respective entities in their complaint.
By lumping the companies together, the plaintiffs’ complaint “obfuscates what roles each Defendant played in the alleged harm,” Judge Beth Labson Freeman wrote in the Wednesday ruling.
The plaintiffs’ claim under the Postal Reorganization Act failed for an additional reason. They didn’t allege that the Family Approval ...
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